Packard v. Pierre Banking & Trust Co.
South Dakota Supreme Court
Appeal from Circuit 'Court, Hughes County. Hon. John F. Hughes, Judge. Action by H. P. Packard, as trustee, against the Pierre Banking- & Trust Company, a corporation. From an order vacating and setting aside findings and decree, defendant appeals. (i) To point one of the opinion, Appellant cited: 3 C. J. Page 1054 d; Oxford Tel.’Mfg. Co. v. Arkansas National Bank (Ark), 204 S. W. 1140. Respondent cited: Harker v. Cowie, 32 S. D., 516; Bucknell v. Archer, 29 S. D. 22.
1Opinion of the CourtCoy, P. J.
Appeal from an order vacating and setting aside findings and decree. The trial occurred in July, 1916, and the case wa,s taken under advisemlent by the trial court. ' There was voluminous and conflicting evidence. The court not having arrived at or announced a decision in July, 1917, both parties, without suggestion from the court, presented proposed findings, all of which were rejected by the court. The court thereupon directed that new findings be prepared, that would set forth so much of the evidence as might be material on a motion for new trial and appeal. Attorneys for plaintiff…
2Cases cited3 opinions
- Keyes v. BaskervilleSouth Dakota Supreme Court · 1919
- Dean v. SeemanSouth Dakota Supreme Court · 1920
- Harker v. CowieSouth Dakota Supreme Court · 1919
3Cited by1 opinion
- Boshart v. National Benefit Ass'nSouth Dakota Supreme Court · 1937